By Our Reporter,  Abuja

The Presidency has clarified that the ongoing Freedom of Information Act, FOIA, case in the United States District Court for the District of Columbia is a civil records-disclosure dispute and not a criminal case against President Bola Ahmed Tinubu.

In a statement on Thursday, the Special Adviser to the President on Information and Strategy, Bayo Onanuga, said the court has made no finding of criminal wrongdoing against the President.

According to the statement, the suit, Civil Action No. 23-1816, was filed in 2023 by Mr. Aaron Greenspan. Greenspan is known to work with Nigerian opposition figures including David Hundeyin and Atiku Abubakar.

He had submitted FOIA requests in 2022 to several US agencies seeking records relating to President Tinubu. After some agencies withheld records or declined to confirm their existence, he approached the court.

The statement recalled that as far back as February 4, 2003, the US Consulate in Lagos had informed then IGP Tafa Balogun that an FBI records check found no criminal arrest records, wants, or warrants for then Governor Tinubu.

The court allowed President Tinubu to join the suit as an intervenor.

Several US agencies, including the CIA, Department of State, Department of the Treasury, IRS, and EOUSA, were removed from the case after the court granted summary judgment in their favor based on the “Glomar defence.” The defence allows US agencies to neither confirm nor deny the existence of records to protect sources and investigative methods.

The court retained aspects of the case involving the FBI and the DEA. In compliance with court orders, both agencies produced 399 pages of records with redactions made under US law.

The FBI and DEA, through the US Department of Justice, defended the redactions on five grounds:

1.  FOIA Exemption 3: Protection of Grand Jury proceedings and Pen Register Act information.

2.  FOIA Exemption 5: Attorney-client and attorney work-product privileges, and documents prepared for law enforcement purposes.

3.  FOIA Exemptions 6 and 7(C): Information that could lead to unwarranted invasion of personal privacy.

4.  FOIA Exemptions 7(D) and 7(E): Information that could reveal confidential sources or compromise law enforcement techniques.

President Tinubu has also asserted his rights under FOIA Exemption 7(C), the statement said.

The court has set deadlines of September 11, 2026, for the Plaintiff to file a reply, and September 18, 2026, for the FBI, DEA and the Intervenor to respond.

The Presidency stressed that the release or withholding of records under FOIA does not establish criminal liability. “The litigation is a civil records-disclosure dispute under FOIA. It does not constitute a criminal charge, trial, or judicial finding against President Tinubu,” Onanuga stated.

The statement also faulted public commentary by Mr. Karl von Batten, saying neither he nor his client is a party to the case.

“The United States District Court, under Judge Beryl A. Howell, will determine the outcome based on evidence and applicable US law, not political commentary,” the statement added.

The Presidency urged the media and public to distinguish verified court proceedings from partisan speculation.